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Andrew Mishlove’s Answers

31 total

  • My husband is a WI resident who got a 2nd DUI in Illinois, what do I need to know?

    he has a dui from 2010 and just got arrested for a second in Illinois, what are possible fines, and suspensions. WHat do I need to know?

    Andrew’s Answer

    The answer to this is a little complicated. First, there will be two revocations, the Illinois revocation will be for an indefinite period of time. The Wisconsin revocation will be for one year. Wisconsin will also order an assessment and a breath alcohol ignition interlock device. Here's the catch: Wisconsin may not allow reinstatement, even after the one year revocation period, if there is still a revocation in Illinois. In other words, it is necessary to clear both revocations. Multi-state revocations often present difficulties, as each state has different rules and the rules of both states must be satisfied.

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  • What if i ask for an attorney during the process of an owi questioning and the officer denies my request?

    the officer insisted we proceed and said i must cooperate

    Andrew’s Answer

    This is an area of law where drunk driving investigation differs dramatically from other criminal investigations. This is because most courts have held that field sobriety testing and chemical testing are not "questioning" within the meaning of the right to remain silent; nor are these stages of investigation where the right to an attorney attaches.

    These rules, however, are very complicated. For example, if you have been arrested and the officer starts to question you, rather than just proceed with a chemical test, then your right to remain silent applies and your right to an attorney may also be triggered,

    It would take a knowledgeable drunk driving defense lawyer to evaluate your specific situation. A general criminal defense lawyer may not be familiar with these specific issues.

    Best regards,
    Andrew Mishlove

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  • Just got 1st OWI citation in WI-Milwaukee County-No priors. Have AZ license, will it affect AZ license?

    Ticket states I don't have to appear, however, I refused to blow at station? They didn't use the address from my AZ license, they used my relatives address who lives in WI? Please help with some advice?

    Andrew’s Answer

    The first answer is mistaken. The second answer is more helpful.

    Here is your situation. You are facing two separate civil charges: drunk driving and refusal. Wisconsin is the only state in which a drunk driving first offense charge is a civil traffic ticket, rather than a criminal offense. If you refused to give a breath sample at the station, you are also charged with refusal; and the refusal charge requires you to demand a hearing within ten days or you will automatically be found guilty of that. If you fail to appear on your court date in Wisconsin (the appearance may be by mail) you will be defaulted and found guilty of the drunken driving. If the drunk driving (OWI) ticket lists an Arizona driver's license number, Wisconsin WILL DEFINITELY report any conviction to Arizona. Arizona will impose a reciprocal driver's license revocation. So, you need to consult with an attorney who is familiar with interstate license revocations.

    Best regards,
    Andrew Mishlove
    Board Certified in Drunk Driving Defense
    NCDD-ABA Accredited

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  • How does my ex-husband get his license back after 3 DUIs in multiple states?

    He got one in WI more than 10 years ago. In August 2008 he got one in MN, then another in WI in December 2008. What does he need to do to get his license back? He has served 60 days in jail in 2009. Does he need to pay all other fines and pena...

    Andrew’s Answer

    The answer to this is relatively simple; but the process may be difficult.

    He needs to comply with all of the requirements for license reinstatement in both states. That is, the full revocation periods must be served, all fines paid (including fines for any other tickets), insurance procured, assessments completed or repeated, treatment programs finished, reinstatements fees paid, etc. In Wisconsin, the DMV will tell him exactly what he needs to do. I expect that something similar exists in Minnesota. Unfortunately, I doubt that there will be any shortcuts. Best of luck. Andrew Mishlove

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  • Consequences of out of state test refusal in WI?

    I have a valid WI license. Few months back I was charged with DUI in KS. My criminal charge (KS 1st DUI offense is misdemeanor) got dismissed. But I refused to take the chemical test in KS. I've requested hearing and that's coming up soon. If I lo...

    Andrew’s Answer

    In addition to the above, you may also be ordered to install an ignition interlock device on any car that you own or drive. Andrew Mishlove

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  • I was arrested for a DUI in Wisconsin. I'm thinking about have an independent lab test the blood. Is the result discoverable?

    I'm trying to find out if the state can obtain the results of a blood test done at my expence by a private lab if I dont intend on introducing it at trial?

    Andrew’s Answer

    The Wisconsin lab will not release the blood sample without a court order. So, they will know about it. Also, their policy is to retest any sample themselves, prior to releasing the sample for an independent test. So, they will be aware of at least one retest. This is the type of issue that you should not attempt to deal with alone. A qualified attorney is a must. Good luck. Andrew Mishlove

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  • Is it possible to get a class U felony changed to a misdemeanor?

    I was given a class U felony for a 5Th DWI. After being convicted and being seen by doctors in prison I was found to have a major chemical imbalance and was put on disability because of it. This was almost 10 years ago and now with the help of doc...

    Andrew’s Answer

    Both Mr. Cohen and Ms. Missimer are correct. We have been successful in challenging the underlying record in 5th offense cases, in situations where one of the priors was based on a conviction where the defendant was denied his right to counsel. We have had a 5th offense reduced to a 4th offense while the client was in prison, causing him to be released. This, however, may be dificult, expensive and it will not work in every case. A governor's pardon may be your best bet. Talk to a qualified lawyer. Best of luck. Andrew Mishlove

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  • STATEMENTS OR WITNESSES?

    HAVE A PRELIMINARY HEARING WITH THE DA FOR A DUI. DO I TAKE WITNESSES WITH ME OR CAN I TAKE THEIR STATEMENTS?

    Andrew’s Answer

    With all due respect to my Utah colleague, you need a lawyer. If you try to represent yourself, as it is said, you will have a fool for a client. No competent lawyer would try to advise you on how to handle a situation such as this without a thorough investigation of the facts and knowledge of the particular jurisdiction and prosecutor. I urge you to contact qualified counsel.
    My best,
    Andrew Mishlove

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  • Is it judicial misconduct when a judge refuses to allow defendant to present evidence during motion hearing?

    The judge refused to allow me to present the squad car video evidence in support of my suppressions motion (1st OW in WisI) stating that he believed the officer's eyesight was better than the video since she had peripherial vision (although she wo...

    Andrew’s Answer

    The words "judicial misconduct' imply an ethics complaint against the judge. That will not help you. I think that what you meant to question is whether or not it was an error of law that would be reversed by the a higher court (or even reconsidered by this judge). That is very possible. If it was a municipal court decision, you are automatically entitled to a new hearing in circuit court. If it was a circuit court decision, it is reviewable by the court of appeals. In general (but there are always exceptions) courts are required to consider all of the relevant evidence. There are rules, however, about the form and foundation of all evidence. I strongly suggest that you seek counsel. Good luck.
    Andrew Mishlove

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  • Is driving on or over the fog line (solid white line) enough for reasonable suspicion or probable cause for OWI stop?

    Officer claims that I drove over fog line 3 times. Video shows that I drove on fog line right before she pulled me over. FYI-she has claimed that she saw me drive over fog line before video began taping. LOL

    Andrew’s Answer

    Ms. Missimier is, as usual, correct. You should also know that under the Post case, if your driving is lawful but "erratic" you may still be stopped. These kinds of issues cannot be determined in advance; they are decided as a result of (we hope) good lawyering in the courtroom. A lawyer who is experienced at wining cases can guide you. Good luck.
    Andrew Mishlove

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